Ken Borland

Cricket South Africa (CSA) have won a major battle in their disciplinary enquiry against former chief executive officer Gerald Majola and are also making progress in their efforts to restructure their board to align with the recommendations of the Nicholson Committee.

Acting chief executive Jacques Faul revealed in Sandton on Friday that the chairman of the disciplinary enquiry, Advocate Johan Myburgh SC, had handed down an advisory award in favour of Cricket South Africa, finding sufficient reason for Majola to be fired.

Majola and his legal team have not accepted the advisory award, which is non-binding, and the case will now proceed to a full disciplinary hearing, where witnesses and cross-examination can now be included in the process.

In more good news for cricket, Faul also announced that he had withdrawn his resignation letter because those board members who were apparently unhappy with how he carried out his responsibilites now backed him.

“I’ve withdrawn my resignation because I now feel that I have the support of the board. I wasn’t sure before, but I’ve subsequently had numerous calls from board members stating that they back me fully,” Faul said.

A smaller board, with more independent representation and greater corporate skills were amongst the key recommendations made by Judge Chris Nicholson after his hearing into Majola and the bonus scandal, and CSA acting president Dr Willie Basson said this process was still firmly on track and now had the full backing of the board.

“It was a very severe Nicholson report, his findings had great implications and his recommendations were difficult to accept. But after today’s meeting, I can categorically state that there is a very strong resolve to complete the process as closely as possible to the judge’s recommendations,” Basson said.

“The reality is very simple, we had problems with our governance structure and it was at odds with how it is developing across the world. It’s all about smaller boards now, that are more skilled and have more of an independent presence. The board has accepted these proposals and made peace with them.”

The benefits of a smaller, more independent but better skilled board are that cricket should be run more efficiently, they will be better attuned to corporate South Africa and provincial presidents can then concentrate more on their own constituencies, without clouding issues of national importance with their own agendas.

CSA will then be divided into two bodies – a professional board and a members’ forum made up of representatives from all the provinces, associates and aligned bodies.

Basson said a nominations committee would be formed and will provide the current board with a list of people to sit on the new structure.

“The nominations committee will have independent members and will be appointed by the board to identify potential independent board members. Through advertisements and submissions by the public, they will sift through the candidates and then the final choice will be made by the members’ forum,” he said.

In the new structure, the members’ forum will meet perhaps three times a year and decide on broad policies for cricket in the country, while providing “checks and balances” to the board.

The smaller, independent board will meet monthly and be responsible for implementing those policies, the day-to-day operations of cricket and monetary issues.

Sports Minister Fikile Mbalula announced on Thursday that he was happy with Cricket South Africa and their efforts in the whole process of implementing the Nicholson Commission’s recommendations.

Judge Chris Nicholson, who was appointed by Mbalula in October, recommended in March that CSA chief executive Gerald Majola be suspended, that irregular bonus payments be recovered and that a steering committee to restructure the board and their governance processes be appointed.

“We’re satisfied that CSA are implementing the Nicholson recommendations,” Mbalula said in Sandton on Thursday. “The board accepts they could have played a better role at the time they were called to do so, but there has been no resistance in going through this process and we are satisfied that we have done our duty.”

The CSA board were called to Sandton to report back to Mbalula on their progress and it was noticeable that a much better vibe existed amongst their members and they even went into a huddle, team-style, to consider the final statement released jointly by CSA and the sports ministry.

Mbalula said there was no need for the CSA board to resign.

“The CSA board of directors will remain in place until the next annual meeting at the end of September because it is in the best interests of stability and taking the game forward for all stakeholders.

“It’s just a few months to go for this board and then they can get a fresh mandate. We wanted to address the issues and bring stability to cricket. If we had asked the board to resign, then certain things would not have been done; they’ve put the process in motion,” Mbalula said.

But, in another blow to Majola, Mbalula stressed that it was imperative CSA recover all irregular bonus payments made to top management.

“It is a very clear Nicholson recommendation that unlawful bonuses be recovered from top management. Certain people were entitled to bonuses, but if these were outside the ambit of the law and were not properly declared, then it will be taken up.

“A civil process will be launched by CSA and it will be included in the disciplinary commission against Majola. The Hawks [South Africa’s Directorate for Priority Crime Investigation] have also been to CSA and are in the process of their investigation. They’re on top of it, but we don’t know the outcome yet. We have to respect the process because it’s not up to us to arrest people. It was a smooth operation, not done Hollywood style, because that way things get done properly,” Mbalula said.

The disciplinary enquiry is set to be completed by May 31 and John Myburgh SC is the independent chairman appointed by the Bar Council, which is also going to be approached to appoint a prosecutor.

Goverment is now also going to be involved in the restructuring of CSA, with Sports and Recreation SA representatives, as well as from Sascoc, being added to the steering committee.

The important issue of transformation has also been added to the steering committee’s terms of reference, including a financial model that will result in funds being made available for transformation. That transformation fund will be launched at the CSA chief executives’ committee meeting on May 8.

The final report of the steering committee will be submitted to the minister for his approval, followed by consultation with the provinces and then the national indaba on sport.

“The first steps in restoring public confidence and that of the sponsors and other stakeholders have been taken,” Mbalula said.

The board of Cricket South Africa (CSA) on Saturday suspended chief executive Gerald Majola pending an independent disciplinary inquiry and agreed to follow the recommendations of the Nicholson Inquiry into the bonus scandal that has engulfed the administration of the game in the republic.

The Nicholson Inquiry, appointed by sports minister Fikile Mbalula, found that Majola had “surreptitiously” received R1.8 million in unauthorised bonuses, as well as irregular travel expenses, in contravention of the Companies Act.

Majola had initially been cleared of any serious wrongdoing by a CSA inquiry headed by acting president AK Khan, who has since resigned.

“The board of directors of CSA considered the recommendations of the Nicholson Committee of Inquiry and, after lengthy deliberations, have resolved to rescind all the findings of the Khan commission and to suspend Majola with immediate effect pending a disciplinary inquiry,” board member Oupa Nkagisang told a news conference in Johannesburg on Saturday.

The CSA board also elected a new acting president to replace Khan in experienced administrator and transformation committee chairman Willie Basson, while Jacques Faul of the North-West province has been appointed acting CEO.

Judge Chris Nicholson had announced on March 9 that Majola should face an independent disciplinary inquiry as well as possible criminal charges. Former ICC president Ray Mali, who chaired Saturday’s CSA meeting, confirmed that outside experts would handle Majola’s disciplinary process.

“We will have to get eminent people, reputable people, so that there are no comebacks. The board will meet on March 30 to decide who will head the disciplinary inquiry, but it has to be an independent person,” Mali said.

Mali said the board had considered dissolving itself.

“The entire issue of dissolving the board did come up, but that can only be decided by the affiliates and provinces. The board also discussed the New Zealand and Australian models of corporate governance and the Lord Woolf document that is at the ICC, but we have to engage the affiliates and outside stakeholders about that. It’s not just a CSA matter.”

The CSA board stopped short of issuing an apology for their backing of Majola, despite Mbalula making a suggestion on Friday that they should all stand down because they have lost the respect of the South African public.

When asked if the CSA board were apologetic, Mali said: “If the spirit of cricket is not there, then it is not palatable, and it has not been there for the last two years. Cricket needs gentlemen and ladies, people who are above board, but things have not gone well.

“The steps we took were based on the recommendations of people we believe were properly qualified – accountants and lawyers,” Mali said.

Cricket South Africa (CSA) have had their peculiar financial arrangements exposed during the Nicholson Inquiry, but their ability to make sound cricketing decisions has now been questioned by one of the most respected players in the country.

Boeta Dippenaar retires from cricket today and, even though his feet may no longer move as assuredly as he would like, his brain remains as sharp as ever and is one of the reasons he is the president of the South African Cricketers’ Association.

Speaking in his personal capacity, Dippenaar told City Press he was concerned by CSA’s plans to include 12 teams in the franchise system instead of the current six. Instead of lifting the overall quality of domestic cricket, Dippenaar says this will weaken the game in South Africa and, as a consequence, weaken the national team.

“The domestic structure is incredibly important for the national team, but it will only reflect four or five years later.

“There are players missing out on franchise cricket and how do we make sure that those good enough to play get the opportunity? “I have no doubt that there’s place for an eighth team, but there’s no way there are enough high-quality players for 12 teams in the elite system,” Dippenaar said.

It will be up to the CSA board to vote on the 12-team suggestion. Herein lies the problem: the board comprises 11 provinces, all acting in their own narrow interests.

“If eight teams is correct, how do we get there? Griquas won’t allow North-West to have a franchise if they don’t have one and Boland won’t allow Border to have one if they don’t. It will require turkeys voting for Christmas,” Dippenaar said.

It is a problem that Australian cricket and, right now, the International Cricket Council (ICC), have wrestled with.

“When the franchise system came in here, CSA said it was what Australia were doing, but a lot of aspects were left out. We must remember that Australia has a population of about 22 million, while we have 50 million people.

“The Lord Woolf report was commissioned by the ICC and it clearly outlines that cricket’s governance is not in favour of the game but is rather a political structure.

“It’s no longer an amateur game but we have clubs electing people to run it. Does that serve the interests of the game? Anyone who can put two-and-two together can see that it doesn’t,” Dippenaar said.

For an illustration of the strength of cricket played outside the six franchises, take the example of Dippenaar’s Chevrolet Knights team-mate, Aubrey Swanepoel: He is the leading run-scorer in the CSA Provincial Challenge with 721 at an average of 72.10. But in his first three SuperSport Series innings, he managed just five runs.